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The claimant, a retired teacher, developed a limb tremor in 2006. The defendant treated the claimant between 2007 and 2012 and prescribed a dopamine agonist.
The claimant stated that the medication resulted in her overindulging in online shopping to the extent that she placed 200 bids on eBay during the course of one night. She said that her behaviour became compulsive in nature and that she became obsessed with certain activities which resulted in her…

Personalised medicine involves the consideration of health risk factors and genetic information to determine individual risk profiles. This customisation of healthcare uses medical decisions, practices, treatments, and products that are tailor-made to an individual’s requirements, and is based on hereditary profile.
This could result in quicker diagnosis and a more targeted form of treatment for chronic diseases and dread diseases such as asthma, diabetes and heart disease.
To realise the true benefits of personalised medicine…

In May 2019 the Bloemfontein High Court confirmed that a secret offer which is made by any party to a damages claim (including the plaintiff) to save costs will affect the costs order. Such an offer is known as a Calderbank offer with origins in English law and similar principles apply in the South African legal context.
A patient had instituted action against her neurosurgeon as well as the hospital to which she was admitted…

Our lawyers across ten jurisdictions have created a guide detailing the top legal concerns for insurers from various regions. Some developments are concerns only in a specific market while other topics appear to be common across several jurisdictions.
Increasing focus on personal accountability, greater oversight of distribution chains and the protection of customer interests and the adaptation of products to new technologies are the global themes our lawyers identify.
New products are emerging as part…

The judgment handed down in Manzi v King’s College Hospital NHS Foundation Trust is a clear indication that the absence of a witness does not automatically lead to an adverse inference being drawn by the courts.
The case involved a patient who suffered a haemorrhage following a surgery to remove placental tissue. One of the issues in dispute was the size of the placental tissue. The trial judge refused to draw an adverse inference against…

The England Appeal Court has held that a father’s claim against a clinic for breach of contract for damages suffered as a result of raising his child who was born by IVF to his estranged wife without his consent were not recoverable due to legal policy.
The child was conceived via IVF using the gametes of the father and mother who had stored their embryos at the clinic for their future use. The father instituted…

Personalised medicine is set to revolutionise the manner in which patients are diagnosed and treated. It involves genetic testing and a consideration of an individual’s health risk factors and genetic information and tailoring medical treatment accordingly. Such testing could lead to quicker diagnosis and treatment, but it does not come cheaply. It is unclear whether private medical aid schemes and state-funded healthcare institutions will cover the costs and to what extent.
Apart from the costs…

The legalization of private cultivation, possession and the use of cannabis in South Africa has had the effect of changing the law which will undoubtedly require transformation in the insurance industry.
The Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince (and others) has given Parliament 24 months to amend current laws criminalising cannabis use. In coming to its conclusion, the court looked at the right to privacy, the use of…